UNITED INDIA INSURANCE COMPANY LIMITED Vs. GANAPATHY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award and decree dated 12.07.2004 made in MCOP No.1129 of 2002 on the file of the 1st Additional Sub Court, Motor Accident Claims Tribunal, Cuddalore.

(2.) The appellant is second respondent on the file of the Motor Accidents Claims Tribunal, 1st Additional District Court, Cuddalore. The respondents 1 to 4 filed the above claim petition claiming a sum of Rs.15,00,000/- as compensation for the death of one Manikandan who died in the accident that took place on 11.06.2002.

(3.) According to the respondents 1 to 4, on 11.06.2002, while the deceased was riding in his bicycle alongwith one Dhanraj on the extreme left side of the road, a lorry bearing Regn.No.NTN 41 J 7300 belonging to the fifth respondent driven by its driver in a rash and negligent manner, dashed against the deceased and caused the accident. The respondents 1 & 2 are the parents and 3 & 4 are his sister and brother respectively. According to the respondents 1 to 4, the deceased was a a driver and earning a sum of Rs.9000/- per month.